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MemoMemorandumBiden · D Quiet signal

Presidential Memorandum

Delegation of Authority Under Section 506(a)(1) of the Foreign Assistance Act of 1961

This memorandum delegates to the Secretary of State the President's authority under Section 506(a)(1) of the Foreign Assistance Act of 1961 to direct the drawdown of up to $1 billion in Defense Department military equipment, services, and training to provide assistance to Ukraine. It also requires the Secretary to publish the memorandum in the Federal Register.

Federal Register Open PDF 87 FR 51231

Impact dates

  1. Federal Register publication directed but no specific date stated

Key directives

  • Delegate authority under section 506(a)(1) of the FAA to the Secretary of State
  • Authorize drawdown of up to $1 billion in DOD defense articles and services, and military education and training, for Ukraine
  • Delegate authority to make required determinations under section 506(a)(1)
  • Direct publication of memorandum in the Federal Register

Who is ordered

Timeline

Immediate

  • Delegation of authority to Secretary of State takes effect
  • Up to $1 billion in defense articles and services becomes available for Ukraine drawdown

Near term (90d)

  • Potential execution of drawdown and military education/training delivery

Long term

  • Sustained military assistance to Ukraine depending on operational needs and further presidential action

Risks & tensions

  • Large-scale presidential drawdown authority reduces congressional oversight for this tranche of aid
  • Delegation to Secretary of State rather than presidential direct control may raise interagency coordination questions with DOD
  • Vague on specific conditions or end-use monitoring for equipment provided to Ukraine
  • Does not specify replenishment timeline or funding source for DOD stocks
Presidential Memorandum: Delegation of Authority Under Section 506(a)(1) of the Foreign Assistance Act of 1961 · Executive Orders